Dell's Online Policies

Online Privacy Practices

Privacy and Data Security

Your right to privacy is a concern to us. At Dell on the internet we are helping you maintain control over your personal data while fostering the growth of a more interactive environment. Below are the guidelines we use for protecting the information you provide during a visit to our Internet site (www.dell.com/ap). For a summary of our corporate-wide privacy policy see Michael Dell's public statement to the World IT Conference, June 25, 1998.

Subscription and Registration

In a few areas on our web site, we ask you to provide information that will enable us to enhance your site visit or follow-up with you after your visit. It is completely optional for you to participate.

In each of the instances above, we ask for your name, email address and other appropriate personal information that would be needed to register for or subscribe to these services or offers. In the case of newsletters or mailing lists, you will be able to "unsubscribe" to these mailings at any time.

The information you provide will be kept confidential and will be used only to support your customer relationship with Dell. Information regarding you or your order and the products you purchase will not be disclosed or sold to any outside organization.

Internet Commerce

The online store at www.dell.com is designed to give you control over the privacy of your credit card information, name, address, email and any other information you provide us. We offer the industry standard security measures available through your browser called SSL encryption, (please see Store Security for details on these security measures). If at any time you would like to make a purchase, but would rather give your credit card or purchase order information to a representative over the telephone, you may do so. Simply contact us.

When you provide your personal information such as name, address, phone number and company name, Dell will not give or sell this information to any outside company for any use. However, it has always been a Dell policy to contact customers in the event of a potential problem with your purchase or any normal business communication regarding your purchase.

The information you provide will be kept confidential and will be used only to support your customer relationship with Dell. Information regarding you or your order and the products you purchase will not be disclosed or sold to any outside organization.

Customized Experience

New technologies are emerging on the Internet that help us deliver customized visitor experiences. At Dell, we primarily use "cookies" to help us determine which service and support information is appropriate to your machine and to maintain your shopping experience in our online store. Our use of this technology does not mean that we automatically know any information about you. We might be able to ascertain what type of computer you are using, but beyond that, our use of cookies is designed only to provide you with a better experience when using www.dell.com/ap.

Dell has no desire or intent to infringe on your privacy while using the dell.com site and we will never provide your personal information to anyone else.

For more information about these new technologies on www.dell.com visit our page on cookie

For more information about Dell's privacy or information usage policies, contact us at Privacy@Dell.com and put "privacy" in the subject line.

Cookies

What is a Cookie?

A cookie is a tiny piece of text asking permission to be placed on your computer's hard drive. If you agree, then your browser adds the text in a small file.

If you have set your browser to notify you before accepting a cookie, you will notice that dell.com requests a cookie to be set on your computer. Its purpose is to let us know when you visit our site. This cookie, by itself, only tells us that a previous dell.com visitor has returned. It doesn't tell us your e-mail address or who you are. If you want to give us that information later via registration, that's your choice.

Why are Cookies Persistent?

If the web server does not detect a Unique ID for your session, it will generate one and send it to the client in the form of a cookie. So, if you accept the cookie, you only get it once. If you do not accept the cookie, it will try to send you one with every hit until you accept it. This means every page and item on that page you request from dell.com will come with a cookie request unless you already have one.

Are All Cookies The Same?

No. On the dell.com site we have two kinds; temporary and log cookies. Temporary cookies are necessary to maintain the user session and tell our server which page to pull up next. The traffic log cookie tells us what pages are being used and which ones aren't. This helps us make improvements to the site to better meet your needs and cut down on pages that don't get used.

So What Does A Cookie Do For Me, The Visitor?

There are several immediate advantages on dell.com that you can see through the use of cookies. For example, the dell.com support area retains your service tag number between visits. When you return, you'll notice that the service tag number for your computer is already typed in.

When you are browsing in the store, you can add items to your shopping cart and return several days later to pick up where you left off, with the items still in the cart.

Also, special offers from ad banners and special access areas of the site will soon be easier to use with the cookie technology. Overall, cookies help us give you a better Web site to use, by letting us monitor what's working and what isn't through site traffic analysis. In the future, a cookie may allow you to tell us what information you prefer to read and what you don't. For example, if you're a business customer, we can advise you on content specific to your needs.

Why Do I Need to Know This?

Because we want you to know why we ask you to accept a cookie. We want to be sure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you. We know that a lot of people have concerns about cookies, but in talking with many of our users, we feel that the benefit we both gain from their proper use is worthwhile. We value the relationships we have with our customers and future customers, so we respect these concerns.

Copyright

ACCESS TO THIS WEBSITE IS GRANTED BY DELL Inc ("Dell") SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.

DISCLAIMER

The information and materials contained in this site and all sites linked to this site ("website"), including text, graphics, links or other items - are provided "As is", "As Available". Dell does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Dell does not make any representation, warranty or endorsement of any of the products, services or information provided in this website. All products and services sold shall be subject to our Terms and Conditions of Sale

This disclaimer shall take effect to the fullest extent permitted by law.

COPYRIGHT NOTICE

The copyright in this website is owned by Dell, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Dell or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Dell's permission, "mirror" any material contained on this website on any other server.

TRADE MARKS

The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of Dell and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Dell or other Trade Mark owner. Dell aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Dell or the Dell logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. Dell prohibits use of the Dell logo as a "hot" link to any Dell site unless establishment of such a link is approved in advance by Dell in writing.

EXCLUSION OF LIABILITY

Dell shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

any access, use or the inability to access or use this website, or reliance on the contents of this website;

any product, service or information of any merchant or service provider,

even if Dell or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dell or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

GOVERNING LAW AND JURISDICTION

Any facilities and/or services offered through this website are strictly for Dell's customers' access and/or use in Asia Pacific Region . Other than as aforesaid, nothing in this website shall be construed as Dell providing services and facilities outside of the abovementioned territories. By accessing this website and using the facilities and/or services offered through this website, you agree that Singapore law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Singapore courts.

CONDITIONS OF ACCESS

Dell may at any time revise these Conditions of Access by updating this version. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of the Conditions of Access to which you are bound.

Conditions of Access Version 2.0Dated 03 September 1998

Michael Dell's Statement

A Policy Statement from Michael Dell:

Your privacy is a primary concern to us at Dell Inc. Our goal in expanding and clarifying our policy on the collection and use of customer data is to ensure the highest level of confidentiality and security. Let me emphasize that this policy is a corporate-wide policy, not limited to our growing online business.

When you provide your personal information to Dell (such as name, address, phone number, company name, or the products you are shopping for or purchasing) we will not give or sell your individual information to any outside company for its use in marketing or solicitation without your consent. We will maintain the confidentiality of your personal information and it will be used only to support your customer relationship with Dell. Additionally, internal practices help protect your privacy by limiting employee access to and use of customer data.

When Dell asks for customer information, it is done with the goal of improving the relationship between Dell and the customer.

At Dell, we are helping you maintain control over your personal data while fostering the growth of a more interactive online environment. Our intention is to send e-mail only to customers or to individuals whom we believe have chosen to receive such e-mails. At any time, you have the right to 'opt out' of receiving future Dell communications. And our Web site offers robust encryption technology to help protect the transmission of customer information over the Internet.

Dell has developed an internal process to handle your questions on privacy. We also support the establishment of external programs for consumer recourse, such as the development of the Better Business Bureau (BBB) Online (BBB OnLine® ).

Dell supports the work done by our industry trade associations in moving this issue forward and the efforts of the Online Privacy Alliance in pulling the business and public interest communities together in a meaningful dialogue. And we are very appreciative of the continuing efforts being taken by the President and his Administration to promote this issue and educate the public about the options and protections available to them.

Terms and Conditions of Sale

1. DEFINITIONS

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:-

"Customer" means the person (legal or natural) who accepts a written or oral quotation of Dell for the sale of the Products or whose order for the Products is accepted by Dell.

"Products" means any products forming the subject matter of the Contract including parts and components of or materials incorporated in them.

"Contract" means a contract for sale by Dell to the Customer of the Products.

"Price" means the price for the Products (and any services to be provided under the Contract).

"Third Party Products" means those of the Products which are not manufactured or assembled or authored by Dell Inc or any of its subsidiary companies and supplied to Dell by third parties for resale by Dell.

"Territory" means the country in which the Products are to be used.

2. FORMATION OF CONTRACT

2.1 Dell shall sell and the Customer shall purchase the Products, as principals only, to the intent and with the effect that no other party shall have any rights or obligations or be entitled to sue or liable to be sued, under the Contract.

2.2 Dell shall sell and the Customer shall purchase the Products in accordance with these Terms and Conditions which are printed, amongst other places, on or in its quotations, invoices catalogues and price lists. The Customer acknowledges that it is aware of the contents of these Terms and Conditions.

2.3 No Contract shall come into existence until the earliest of :

(a) Dell's quotation being accepted by the Customer; or

(b) the Customers order (however given) being accepted by the earliest of:

(i) Dell's written or oral acceptance;

(ii) shipment of the Products; or

(iii) the raising by Dell of an invoice in respect of the Products.

2.4 These Terms and Conditions shall be incorporated into the Contract to the exclusion of any other Terms or Conditions stipulated or referred to by the Customer.

2.5 No variation or amendment of this Contract shall be binding on Dell unless confirmed by it in writing.

3. ORDERS, PRICE AND PAYMENT

3.1 Customer orders are not binding upon Dell until accepted by Dell. Dell may, at its sole discretion, allow a Customer to withdraw its order after acceptance at no charge, if written notice of cancellation is received by Dell prior to commencement of manufacture of the Products. If manufacture has begun and Dell allows a Customer to cancel its order, then if shipment has not yet taken place, the Customer agrees that Dell is entitled to levy a cancellation charge equal to 20% of the price of the Products. If shipment has taken place, Dell may levy a further charge to cover all associated shipping charges incurred by it.

3.2 Unless credit (including documentary credit) terms have been expressly agreed by Dell, payment for the Products shall be made in full on or before delivery. The method of payment shall be by wire transfer unless previously agreed in writing that it shall be otherwise.

3.3 All invoices are payable without discount of any kind in the denomination stated in the quotation and in the absence of any such statement of denomination, in US dollars. In no circumstances shall the Customer be entitled to make any deduction or to withhold payment for any reason whatsoever.

3.4 The Price shall be Dell's quoted price and where no price has been quoted (or a quoted price is no longer valid), the Price shall be that listed in Dell's published price list current in the Territory at the date of the formation of the Contract.

3.5 All prices quoted in writing are valid for the period specified on the quotation or until earlier acceptance by the Customer. Oral quotations made by Dell are valid only to the end of the business day upon which they are given.

3.6 Unless otherwise stated in this Agreement in respect of any particular circumstances, prices are FCA (Incoterms 1990) Dell's manufacturing facility. Except where specifically stated, Dells prices do not include import or export fees, duties, tariffs or other charges associated with exporting and importing the Products. A separate charge for shipping and handling will be shown on Dells invoices where appropriate.

3.7 Prices are exclusive of all country, provincial, state and local sales, use, value added, excise, privilege, franchise and similar taxes. Such taxes imposed on Dell and which Dell has a duty to collect in connection with the sale, delivery or use of the Products shall be paid by the Customer and will appear as separate items on Dells invoices. If sales to the Customer are exempt from such taxes, the Customer shall furnish to Dell the legally required documentation to support the exemption at the time of order.

4. THE PRODUCTS

4.1 Dell may revise and/or discontinue Products at any time without notice consistent with Dells policy of on-going Product up-date and revision. Whilst there may be differences in detail, revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that Dells policy may result in changes between the specification of Products delivered to the Customer and the specification of Products ordered as described in any specification sheet or catalogue.

4.2 The parts and assemblies used in manufacturing Products are selected from new and equivalent to new parts and assemblies in accordance with standard industry practices in the relevant Territory.

4.3 The Customer warrants that it is buying for its own internal use only and not for re-sale purposes. Dell shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or Dell, on reasonable grounds, suspects that the Customer will breach this warranty.

5. TITLE AND RISK

5.1 No title to the Products shall pass to the Customer until payment of the Price in full and clear funds have been received by Dell. Title to those Products which are software shall remain with the applicable licensor(s) at all times.

5.2 Risk in the Products shall pass to the Customer in accordance with the provisions of the Incoterm specified in Clause 3.6 above.

6. DELIVERY

6.1 The Products are delivered to the Customer at the time specified for delivery in the Incoterm specified in Clause 3.6 above.

6.2 Dell may, at its discretion, deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Dell in respect of any one or more instalments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.

6.3 Any dates quoted by Dell for the delivery of the Products are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of Dell no regard has been paid to any quoted delivery dates.

6.4 If the Customer fails to take delivery of the Products or any part of them when they are made available to him or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on the due date, Dell shall be entitled, upon giving written notice to the Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to the Customer, delivery shall be deemed to have taken place, and the Customer shall pay to Dell all costs and expenses (including storage and insurance charges) arising from its failure.

7. ACCEPTANCE OF PRODUCTS

Unless the Customer notifies Dell to the contrary by telephone, facsimile transmission or telex on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Dell.

8. WARRANTY

8.1 Unless specified otherwise, Dell warrants to the Customer that Dell branded Products (excluding Third Party Products and software) purchased from a Dell company in the Asia Pacific region, will be free from defects in materials and workmanship affecting normal use for a period of one year as of the date of invoice, in accordance with the following provisions.

8.2 Damage due to shipping Products to Customer is covered under this Warranty, however this Warranty does not apply to damage due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by Dell, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of nonDell supplied parts and components.

8.3 During the oneyear period beginning on the invoice date, Dell will repair or replace Products returned to Dells facility. To request warranty service, Customer must call Dell within the warranty period. If warranty service is required, Dell will issue a Return Material Authorization Number. Customer must ship the Products back to Dell in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. Dell will ship the repaired or replacement products to Customer freight prepaid.

8.4 Dell owns all parts removed from repaired Products. Dell uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement Products. If Dell repairs or replaces a Product, its warranty term is not extended.

8.5 Where available, Dell will make on-site service available to the Customer in accordance with Dells (or Dells third party service providers) then current terms and conditions for such service prevailing in the Territory.

8.6 In all cases where the Customer is to ship the Products to Dell, Customer shall back up all data stored in the Products to be shipped and remove any removable media, such as diskettes, CDs, or PC Cards. Dell does not accept any liability for lost data or software. Customer accepts full responsibility for Customer software and data and Dell is not required to advise or remind Customer of appropriate backup and other procedures.

8.7 Dell does not give any warranty that the Products are fit for any particular purpose and this warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

8.8 If the Customer has chosen any other warranty and service option available in the Territory in place of the standard one year warranty described above, the option Customer has chosen will be listed on Customers invoice, and the provisions of that warranty and service option shall prevail over those set out above.

9. TECHNICAL SUPPORT

9.1 Telephone, facsimile and e-mail (where it is available) support will be provided to the Customer free of charge for a period of 12 months from the date the Customer purchased the Products from Dell. Subsequent to that 12 month period, Dell shall charge for these support services, at the then prevailing rates as listed in the price list.

9.2 (a) If available in a Territory, Dell shall provide on-site service in accordance with the terms and conditions then in force in that Territory for such on-site service.

(b) If on-site service is not available in a Territory, then Products requiring service, in accordance with the warranty terms applicable to those Products, shall be returned to Dells designated service depot in accordance with the return authorisation instructions issued by Dell to the Customer.

10. LIABILITY

10.1 Dell shall indemnify the Customer and keep the Customer fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Dell, its employees, agents or subcontractors or by any breach of its contractual obligations arising out of the Contract.

10.2 The liability of Dell under sub-clause 10.1 above in respect of each event or series of connected events shall not exceed the local currency equivalent of US$500,000 or the contract price, whichever is greater.

10.3 Where injury to or death of any person arises, the liability of Dell shall be limited as stated in 10.2 above or to the minimum limit (including no limit) allowed by law in the Territory where such injury or death occurs. Where the law of a Territory does not allow a limitation in respect of the infury or death of any person, this sub-clause shall be read as if no limit applies.

10.4 Notwithstanding anything else contained in this Agreement, Dell shall not be liable to the Customer for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.

11. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of the party so delaying, such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12. EXPORT RESTRICTIONS

The Customer acknowledges that Products licensed or sold hereunder are subject to the export control laws and regulations of the USA and Malaysia. The Customer confirms that with respect to the Products, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to USA or Malaysian export restrictions (currently including but not necessarily limited to Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, and Syria) or (ii) any end user who has been prohibited from participating in the USA export transactions by any federal agency of the USA government. The Customer also confirms that the Products will not be sold or licensed to an end user whom the Customer knows or has reason to know will utilise the Products directly or indirectly in nuclear activities listed in US EAR 778.3(b)(1), (2) & (3), whether the items are specifically designed or modified for such activities. The Customer further states that the Products will not be destined for or used in the design, development, production or use of missiles or missile projects. The Customer further acknowledges that the Products may include technical data subject to export and re-export restrictions imposed by USA and Malaysia.

13. GENERAL

13.1 In Territories where this is relevant, nothing in this Agreement shall affect the statutory rights of a Customer dealing with Dell as a consumer.

13.2 Save that Dell can at any time assign this Agreement to any affiliate, neither party shall assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other.

13.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.

13.4 The headings to the clauses of this Agreement are for ease of reference only and shall not affect the interpretation or construction of this Agreement.

13.5 This Agreement shall be governed by and construed in accordance with the laws of Singapore and shall be subject to the non-exclusive jurisdiction of the Singapore courts.

13.6 This Agreement shall be interpreted and construed in accordance with the English language.